Legal Question in Consumer Law in New York
The contract states: Parties agree that the deposit/reservation fee is earned upon being paid, and further states are non-refundable under any circumstances. It also states that the photographer is bound by following the rules of the event location.
Background- due to an increase in covid cases the venue is requiring all wedding attendees to show proof of vaccination. They made an exception for vendors if they are willing to take a PCR test. When the photographer was advised of that she stated that she did not feel comfortable testing and thought it was ridiculous. We advised the photographer we would cancel the contract so we could find a new photographer and requested the deposit back and were told no, the deposit was not refundable under any circumstances. Wouldn't her refusal to comply with the event location rules, constitute a breach in contract, invalidating it, and requiring a full refund of any money paid?
1 Answer from Attorneys
Under the assumption that a contract is in fact breached and subject to relevant language in the contract of what happens in the event of a breach, a breached contract is not automatically invalidated rather it is breached and damages are assessed.
What happens if a vendor is not permitted access to a venue because the venue demanded testing is a question to be answered based on the language in the contract. The contract needs to be reviewed to determined if it takes into consideration a an eventuality where a venue does not permit access to a vendor. The other aspect to consider is the impact of government rules, and whether they override a contract in the name of public safety.
The only real way to find out is to either settle between the parties or take the matter to court.
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